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Hi, I'm trained and experienced in family law, and I would love to help you through your current situation. Great question. It seems you agreed to let the child live with the father. The question is whether the child could live with the father only while you're deployed - after which point the court order goes back into effect - or during the whole school year. And, which interpretation will be based on the express terms of your agreement. Was it in writing? If not, what do emails, text messages, etc. seem to indicate? That's the basis for whether you can get the child back when you return.
Remember, this is legal information and not legal advise.
Does that make sense?
You are most welcome; it's my pleasure to assist. To clarify, if he said the child would be returned when you returned from deployment, that is the agreement.
Is there anything further I can answer? I am happy to assist.
If not, I hope you will rate me well for having my assistance.
"for my assistance"
There are two options. (1) Go with the agreement = returned to you upon termination of deploy or (2) default = court order, in which the child is returned to you.
He cannot create a new agreement on his own after the fact.